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EEOC Eliminates Option to Include Nonbinary Employees in EEO-1 Reports on Workforce Demographic Data

The 2024 EEO-1 Component 1 data collection window opened on May 20, 2025, and the deadline to file the 2024 EEO-1 Component 1 report is June 24, 2025. Filers should note that the collection window is shorter this year, and...more

New (Old) Battlegrounds: The Administration’s Targeting of Transgender Rights

Within the last two months, both the Equal Employment Opportunity Commission (EEOC) and the armed services have followed Trump Administration directives to narrow or eliminate protections for transgender individuals....more

Demise of Chevron Deference Sends Shockwaves Through Labor and Employment Regulatory Landscape

In just a month since the U.S. Supreme Court overturned the Chevron Deference Doctrine, district courts across the country have blocked several federal agency rules, including an injunction in Texas barring enforcement of the...more

New EEOC Pregnant Workers Rule Adds Requirements This Month

The U.S. Equal Opportunity Commission (EEOC) has issued its final regulations for the Pregnant Workers Fairness Act (PWFA), providing explanation and guidance for employers in implementing the PWFA in their workplaces and...more

Federal Agencies Issue Joint Statement on Artificial Intelligence in the Workplace

The United States Equal Employment Opportunity Commission (EEOC) and three other federal agencies issued a joint statement vowing to use existing laws to protect employees and the general public from discrimination and bias...more

EEOC Updates Its COVID-19 Related Technical Guidance Amid New Trends

On July 12, 2022, the EEOC again revised its technical assistance questions and answers related to the COVID-19 pandemic and the application of the Americans with Disabilities Act (ADA) and other federal equal employment...more

The Infrastructure Bill Passed, but What About the Social Spending Bill?

On Monday, November 15, after Congress passed a $1 trillion infrastructure bill, President Biden signed it into law. This law will pour billions into roads and bridges, transit, broadband services, airports, waterways and...more

EEOC Brings its First COVID-19 Disability Bias Lawsuit

On September 7, 2021, the U.S. Equal Employment Opportunity Commission (“EEOC”) filed a lawsuit claiming an employer discriminated against disabled employees by failing to provide workplace accommodations related to COVID-19....more

EEOC Posts Updated COVID-19 Guidance

Today, the U.S. Equal Employment Opportunity Commission (EEOC) substantially augmented its technical assistance questions and answers related to the COVID-19 pandemic, and the application of the Americans with Disabilities...more

EEOC, DOL, DOJ Finalize Controversial Agreement To Coordinate Equal Employment Enforcement, Compliance

Summary - The U.S. Equal Employment Opportunity Commission (EEOC), Department of Labor (DOL) and its Office of Federal Contract Compliance Programs (OFCCP), and Department of Justice (DOJ) executed a memorandum of...more

President Trump Utilizes Executive Power to Issue Order Addressing Race and Sex Stereotyping

On September 22, 2020, President Trump issued an Executive Order on Combatting Race and Sex Stereotyping. It prohibits federal contractors from certain anti-bias employee training practices in order to “promote economy and...more

EEOC Opinion Letter Limits Agency’s Pattern or Practice Litigation

SUMMARY - The U.S. Equal Employment Opportunity Commission (EEOC) issued a new opinion letter providing a more limited interpretation of its authority to bring pattern or practice cases against employers than it did in...more

CDC Expands List of People At Risk for Severe COVID-19 Illness

On June 25, 2020, the Centers for Disease Control and Prevention (CDC) updated and expanded the list of people considered at high risk of severe illness from the COVID-19 virus. The CDC enumerated seven underlying medical...more

EEOC Delays 2019 EEO-1 Data Collection Due to COVID-19

On May 7, 2020, the EEOC announced that due to COVID-19 it will delay opening of the 2019 EEO-1 Component 1 data collection. Currently, the agency anticipates collecting EEO-1 Component 1 data for both 2019 and 2020, in March...more

OMB Halts Employers' Obligation to Report Summary Pay Data on EEO-1 Form

The Office of Management and Budget (OMB) has issued an immediate stay of requirements for certain private employers to report data on pay and work hours to the U.S. Equal Employment Opportunity Commission (EEOC). The OMB's...more

CFPB’s Office of Minority and Women Inclusion issues annual report

The CFPB’s Office of Minority and Women Inclusion (OMWI) has issued its annual report to Congress covering the OMWI’s activities in FY 2016. The Dodd-Frank Act required the CFPB and various other federal agencies, including...more

Expect Pro-Business, Pro-Employer Changes Under Trump Administration

When Donald Trump won the presidential election in November, management-side labor and employment lawyers everywhere scrambled to figure out what the changing administration would mean for our nation's employers and our...more

Final ADA Amendments Act Regulations Expand Coverage

The U.S. Department of Justice (DOJ) has issued final regulations that expand who is covered under the Americans with Disabilities Act (ADA). The new regulations go into effect on October 11, 2016. In issuing the final...more

CFPB: Industry should “start now” to comply with workplace diversity and inclusion standards

On June 26, 2014, I participated in a panel presentation at the MBA Strategic Markets and Diversity Summit, in Washington, D.C. Stuart Ishimaru, Director of the Consumer Financial Protection Bureau’s Office of Minority and...more

Criminal Background Check Policies under Fire from the EEOC

The Equal Employment Opportunity Commission (EEOC) continues to crack down on allegedly discriminatory employer policies and practices involving criminal background checks....more

OFCCP Issues Guidance on Use of Criminal Records in Employment Decisions

The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) recently posted a Directive on “Complying with Nondiscrimination Provisions: Criminal Record Restrictions and Discrimination Based on Race...more

University Agrees To Modify Dining Services To Accommodate Food Allergies under the ADA

The Department of Justice (DOJ) has reached an agreement with Lesley University of Cambridge, Massachusetts, under which Lesley agreed to modify its food services and meal plan system to accommodate students with celiac...more

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